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To NHRIs:
n Include land conflict monitoring reports in the annual reports of the
National Human Rights Institutions. This will serve to highlight the
importance of the issue; it will also help to validate the collected data and
information by CSOs.
n Conduct independent field investigations of land conflicts where human
rights are violated.
n Promote the UN Guiding Principles on Business and Human Rights
(UNGP BHR).
Regional Summary: A Perspective Overview of Land Conflicts in Six Asian Countries
n
gender and culturally sensitive approaches, and respect for human rights.
Check corruption, irregularities, and bribes at land administration,
courts, and police stations.
Fast-track the resolution of land-related cases pending in courts. In
countries such as Bangladesh and Nepal, establish land tribunals or special
courts to deal with the backlog of cases.
Establish independent land dispute commissions to speed up the
response to, and resolution of, land-related cases. For Bangladesh,
establish an independent land commission for indigenous peoples in the
plains, and strengthen the CHT Land Dispute Resolution Commission.
Strengthen local mediation mechanisms for addressing local land
conflicts, especially those involving civil cases at community level. Conduct
capacity building programs for local mediators, as well as public awareness
campaigns for local people to consider mediation over adjudication
mechanisms.
Ensure integrity, transparency and public access in land administration
and in the management of land records. In the case of Nepal, generate
accurate data on lands and property that were seized during the conflict
period (1996-2006) so that these cases can be addressed, as they have the
potential to create further tension and unrest.
Strictly implement social and environmental impact assessments,
and adherence to free, prior and informed consent (FPIC) of affected
communities – as preconditions for all large-scale private and public landrelated investments and transactions.
Harmonize various overlapping land laws and agencies that create
confusion and conflict over land rights and entitlements. Institute effective
mechanisms to resolve overlapping claims on land. Cease and desist from
issuing tenure and resource use instruments that encroach on lands of
indigenous peoples.
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